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Regardless of who’s eligible for what and when, strict “foreign entity of concern” provisions could make clean energy incentives impossible to take advantage of.

The word of the moment in renewable energy is “unworkable.” That’s how the chief executives of two major renewables developers — John Ketchum of NextEra and Jim Murphy of Invenergy — described new requirements inserted into clean energy tax credits by congressional Republicans in recent weeks.
“The way they’re drafted, they’re unworkable,” Ketchum said of the requirements at a Politico summit held earlier this week. He was referring specifically to a new set of provisions in the House budget reconciliation bill which say that to qualify for the credits, companies must divest their supply chains from “foreign entities of concern,” a group of countries comprising Russia, Iran, North Korea, and China. But really, the rules are about China.
Around 80% of the global solar panel supply chain runs through China, according to the International Energy Agency. The batteries used in many stationary storage systems are almost entirely made in China, to name just a couple isolated examples. Starting in 2026, the bill mandates that developers seeking to claim the clean energy production or investment tax credits may not receive “material assistance” from China. That refers to any component or subcomponent (including critical minerals) that was “extracted, processed, recycled, manufactured, or assembled” by a “prohibited foreign entity,” defined as a company with at least 25% Chinese ownership or 10% Chinese debt holdings, according to a memo by the law firm Norton Rose Fulbright. The rules become even more strict in 2028. Similar strictures were also added to the 45X advanced manufacturing tax credit.
A small modular reactor has at least 10,000 component parts, Ketchum told the Politico audience. “We come to find out that one of the screws in the bolts, used by one of the suppliers five layers down … was actually sourcing the bolt and the screw from China. Guess what happens? You’re disqualified, all your tax credits for that small modular reactor go away,” Ketchum said.
“How in the world are you going to trace five layers down to a subcontractor who’s buying a bolt and a screw?”
Murphy, the Invenergy CEO, put it more succinctly at an industry conference last week. “The supply chain can not support that, and won’t be able to support that for several years. It’s just an unworkable provision.”
While these may sound like the exaggerations of executives eager to avoid paperwork or costly new investments, analysts who have looked at the bill’s language have similarly concluded that the language is both so vague and so broad that determining whether a company has complied would be almost impossible.
Analysts at the investment bank Evercore wrote in a note to clients last week that while the new FEOC framework “ostensibly aims to keep China out of U.S. energy supply chains, it would likely bury companies and their suppliers in such onerous paperwork and diligence that the remaining tax credits are rendered largely unusable.”
Foreign entity of concern rules are not new — versions of them appear in the CHIPS and Science Act and the Inflation Reduction Act’s electric vehicle tax credits. The FEOC rules in the One Big, Beautiful Bill are far more extensive, however.
The Senate may look to loosen the rules, according to Axios, and several House Republicans have signed (yet another) letter, this one referring to the restrictions as “highly restrictive and onerous” and “overly prescriptive and risk undermining U.S. competitiveness.”
Should the FEOC provisions become law, their exact implementation will be up to the IRS. In the case of EVs, the tax agency came out with proposed guidelines in the months after the Inflation Reduction Act was enacted, but didn’t finalize them until 2024. Even complying with those required a “Herculean” effort from the EV and battery industry, Albert Gore, head of the Zero Emission Transportation Association, told me.
Gore also questioned whether the rules would be “workable” as written. To determine whether compliance would be worth it, Gore said, you have to evaluate how close an industry is to complying in the present, and the value of complying in the future, and the cost to get there.
Given that the clean energy and manufacturing credits sunset after 2031 (except for wind components, which sunset earlier), that calculation may very well come out negative. And then there’s the deadline to even qualify for the clean energy tax credits in the first place, starting construction two months after the bill passes, according to the House language.
The EV rules did ultimately support U.S. manufacturing, Gore told me. “It was a pretty efficient investment in American manufacturing, kind of disguised as a consumer EV credit,” he said. “But it was a very, very stringent credit.”
Xan Fishman, senior managing director of the energy program at the Bipartisan Policy Center, was skeptical that the FEOC provisions in the budget reconciliation bill would do anything to bolster U.S. manufacturing. “Intricate and complicated doesn’t make it more effective,” he told me.
“You would have a disallowance of credit if you are a foreign entity of concern, or you are a foreign influenced entity of concern, which might mean that one of your suppliers is a foreign entity of concern, or one of your supplier’s board members is from China or they have a family member that’s from China that runs a foreign entity of concern, or that family member has some business transaction involving debt with a foreign entity of concern, and their suppliers actually might have board members who have family members who have some debt arrangement with the foreign entity of concern,” Fishman elaborated.
This is where workability really comes in.
“If the result of this is we have less U.S. manufacturing, we won’t have achieved the goal” of raising America’s global competitiveness. “Nor will we have been tough on China,” Fishman said.
The ironies of the legislation abound. “There's sort of that double whammy in there with the start of construction deadline, which to some extent, makes the FEOC moot,” Murphy, the Invenergy CEO, said at the conference. “If you don't start construction by the deadline, who cares about it?”
Ironically, if the Senate put in a more relaxed deadline to qualify for the credits, “then we have to really address those foreign entity of concern provisions,” Murphy added.
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All the workers who helped build Georgia’s new Vogtle plants are building data centers now.
The Trump administration wants to have 10 new large nuclear reactors under construction by 2030 — an ambitious goal under any circumstances. It looks downright zany, though, when you consider that the workforce that should be driving steel into the ground, pouring concrete, and laying down wires for nuclear plants is instead building and linking up data centers.
This isn’t how it was supposed to be. Thousands of people, from construction laborers to pipefitters to electricians, worked on the two new reactors at the Plant Vogtle in Georgia, which were intended to be the start of a sequence of projects, erecting new Westinghouse AP1000 reactors across Georgia and South Carolina. Instead, years of delays and cost overruns resulted in two long-delayed reactors 35 miles southeast of Augusta, Georgia — and nothing else.
“We had challenges as we were building a new supply chain for a new technology and then workforce,” John Williams, an executive at Southern Nuclear Operating Company, which owns over 45% of Plant Vogtle, said in a webinar hosted by the environmental group Resources for the Future in October.
“It had been 30 years since we had built a new nuclear plant from scratch in the United States. Our workforce didn’t have that muscle memory that they have in other parts of the world, where they have been building on a more regular frequency.”
That workforce “hasn’t been building nuclear plants” since heavy construction stopped at Vogtle in 2023, he noted — but they have been busy “building data centers and car manufacturing in Georgia.”
Williams said that it would take another “six to 10” AP1000 projects for costs to come down far enough to make nuclear construction routine. “If we were currently building the next AP1000s, we would be farther down that road,” he said. “But we’ve stopped again.”
J.R. Richardson, business manager and financial secretary of the International Brotherhood of Electric Workers Local 1579, based in Augusta, Georgia, told me his union “had 2,000 electricians on that job,” referring to Vogtle. “So now we have a skill set with electricians that did that project. If you wait 20 or 30 years, that skill set is not going to be there anymore.”
Richardson pointed to the potential revitalization of the failed V.C. Summer nuclear project in South Carolina, saying that his union had already been reached out to about it starting up again. Until then, he said, he had 350 electricians working on a Meta data center project between Augusta and Atlanta.
“They’re all basically the same,” he told me of the data center projects. “They’re like cookie cutter homes, but it’s on a bigger scale.”
To be clear, though the segue from nuclear construction to data center construction may hold back the nuclear industry, it has been great for workers, especially unionized electrical and construction workers.
“If an IBEW electrician says they're going hungry, something’s wrong with them,” Richardson said.
Meta’s Northwest Louisiana data center project will require 700 or 800 electricians sitewide, Richardson told me. He estimated that of the IBEW’s 875,000 members, about a tenth were working on data centers, and about 30% of his local were on a single data center job.
When I asked him whether that workforce could be reassembled for future nuclear plants, he said that the “majority” of the workforce likes working on nuclear projects, even if they’re currently doing data center work. “A lot of IBEW electricians look at the longevity of the job,” Richardson told me — and nuclear plants famously take a long, long time to build.
America isn’t building any new nuclear power plants right now (though it will soon if Rick Perry gets his way), but the question of how to balance a workforce between energy construction and data center projects is a pressing one across the country.
It’s not just nuclear developers that have to think about data centers when it comes to recruiting workers — it’s renewables developers, as well.
“We don’t see people leaving the workforce,” said Adam Sokolski, director of regulatory and economic affairs at EDF Renewables North America. “We do see some competition.”
He pointed specifically to Ohio, where he said, “You have a strong concentration of solar happening at the same time as a strong concentration of data center work and manufacturing expansion. There’s something in the water there.”
Sokolski told me that for EDF’s renewable projects, in order to secure workers, he and the company have to “communicate real early where we know we’re going to do a project and start talking to labor in those areas. We’re trying to give them a market signal as a way to say, We’re going to be here in two years.”
Solar and data center projects have lots of overlapping personnel needs, Sokolski said. There are operating engineers “working excavators and bulldozers and graders” or pounding posts into place. And then, of course, there are electricians, who Sokolski said were “a big, big piece of the puzzle — everything from picking up the solar panel off from the pallet to installing it on the racking system, wiring it together to the substations, the inverters to the communication systems, ultimately up to the high voltage step-up transformers and onto the grid.”
On the other hand, explained Kevin Pranis, marketing manager of the Great Lakes regional organizing committee of the Laborers’ International Union of North America, a data center is like a “fancy, very nice warehouse.” This means that when a data center project starts up, “you basically have pretty much all building trades” working on it. “You’ve got site and civil work, and you’re doing a big concrete foundation, and then you’re erecting iron and putting a building around it.”
Data centers also have more mechanical systems than the average building, “so you have more electricians and more plumbers and pipefitters” on site, as well.
Individual projects may face competition for workers, but Pranis framed the larger issue differently: Renewable energy projects are often built to support data centers. “If we get a data center, that means we probably also get a wind or solar project, and batteries,” he said.
While the data center boom is putting upward pressure on labor demand, Pranis told me that in some parts of the country, like the Upper Midwest, it’s helping to compensate for a slump in commercial real estate, which is one of the bread and butter industries for his construction union.
Data centers, Pranis said, aren’t the best projects for his members to work on. They really like doing manufacturing work. But, he added, it’s “a nice large load and it’s a nice big building, and there’s some number of good jobs.”
A conversation with Dustin Mulvaney of San Jose State University
This week’s conversation is a follow up with Dustin Mulvaney, a professor of environmental studies at San Jose State University. As you may recall we spoke with Mulvaney in the immediate aftermath of the Moss Landing battery fire disaster, which occurred near his university’s campus. Mulvaney told us the blaze created a true-blue PR crisis for the energy storage industry in California and predicted it would cause a wave of local moratoria on development. Eight months after our conversation, it’s clear as day how right he was. So I wanted to check back in with him to see how the state’s development landscape looks now and what the future may hold with the Moss Landing dust settled.
Help my readers get a state of play – where are we now in terms of the post-Moss Landing resistance landscape?
A couple things are going on. Monterey Bay is surrounded by Monterey County and Santa Cruz County and both are considering ordinances around battery storage. That’s different than a ban – important. You can have an ordinance that helps facilitate storage. Some people here are very focused on climate change issues and the grid, because here in Santa Cruz County we’re at a terminal point where there really is no renewable energy, so we have to have battery storage. And like, in Santa Cruz County the ordinance would be for unincorporated areas – I’m not sure how materially that would impact things. There’s one storage project in Watsonville near Moss Landing, and the ordinance wouldn’t even impact that. Even in Monterey County, the idea is to issue a moratorium and again, that’s in unincorporated areas, too.
It’s important to say how important battery storage is going to be for the coastal areas. That’s where you see the opposition, but all of our renewables are trapped in southern California and we have a bottleneck that moves power up and down the state. If California doesn’t get offshore wind or wind from Wyoming into the northern part of the state, we’re relying on batteries to get that part of the grid decarbonized.
In the areas of California where batteries are being opposed, who is supporting them and fighting against the protests? I mean, aside from the developers and an occasional climate activist.
The state has been strongly supporting the industry. Lawmakers in the state have been really behind energy storage and keeping things headed in that direction of more deployment. Other than that, I think you’re right to point out there’s not local advocates saying, “We need more battery storage.” It tends to come from Sacramento. I’m not sure you’d see local folks in energy siting usually, but I think it’s also because we are still actually deploying battery storage in some areas of the state. If we were having even more trouble, maybe we’d have more advocacy for development in response.
Has the Moss Landing incident impacted renewable energy development in California? I’ve seen some references to fears about that incident crop up in fights over solar in Imperial County, for example, which I know has been coveted for development.
Everywhere there’s batteries, people are pointing at Moss Landing and asking how people will deal with fires. I don’t know how powerful the arguments are in California, but I see it in almost every single renewable project that has a battery.
Okay, then what do you think the next phase of this is? Are we just going to be trapped in a battery fire fear cycle, or do you think this backlash will evolve?
We’re starting to see it play out here with the state opt-in process where developers can seek state approval to build without local approval. As this situation after Moss Landing has played out, more battery developers have wound up in the opt-in process. So what we’ll see is more battery developers try to get permission from the state as opposed to local officials.
There are some trade-offs with that. But there are benefits in having more resources to help make the decisions. The state will have more expertise in emergency response, for example, whereas every local jurisdiction has to educate themselves. But no matter what I think they’ll be pursuing the opt-in process – there’s nothing local governments can really do to stop them with that.
Part of what we’re seeing though is, you have to have a community benefit agreement in place for the project to advance under the California Environmental Quality Act. The state has been pretty strict about that, and that’s the one thing local folks could still do – influence whether a developer can get a community benefits agreement with representatives on the ground. That’s the one strategy local folks who want to push back on a battery could use, block those agreements. Other than that, I think some counties here in California may not have much resistance. They need the revenue and see these as economic opportunities.
I can’t help but hear optimism in your tone of voice here. It seems like in spite of the disaster, development is still moving forward. Do you think California is doing a better or worse job than other states at deploying battery storage and handling the trade offs?
Oh, better. I think the opt-in process looks like a nice balance between taking local authority away over things and the better decision-making that can be brought in. The state creating that program is one way to help encourage renewables and avoid a backlash, honestly, while staying on track with its decarbonization goals.
The week’s most important fights around renewable energy.
1. Nantucket, Massachusetts – A federal court for the first time has granted the Trump administration legal permission to rescind permits given to renewable energy projects.
2. Harvey County, Kansas – The sleeper election result of 2025 happened in the town of Halstead, Kansas, where voters backed a moratorium on battery storage.
3. Cheboygan County, Michigan – A group of landowners is waging a new legal challenge against Michigan’s permitting primacy law, which gives renewables developers a shot at circumventing local restrictions.
4. Klamath County, Oregon – It’s not all bad news today, as this rural Oregon county blessed a very large solar project with permits.
5. Muscatine County, Iowa – To quote DJ Khaled, another one: This county is also advancing a solar farm, eliding a handful of upset neighbors.